Court Backs ICPC Probe Over Alleged N350m Contract Deal

A Federal High Court in Abuja has dismissed a suit filed by Mr. Paul Afagase Johnson seeking to stop the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from inviting or investigating him over an alleged N350 million contract-related matter.

Mr. Johnson had asked the court to issue a perpetual injunction restraining the ICPC from probing what he described as a purely civil and contractual dispute between himself, Chief Richard Okozi and Rokozi Investment Limited.

He also claimed that the Nigeria Police Force and the Economic and Financial Crimes Commission (EFCC) had previously invited and cleared him of any wrongdoing in relation to the matter.

The plaintiff argued that the ICPC should not be used as a debt recovery body and alleged that the Commission’s invitation amounted to intimidation, threats of arrest and a violation of his fundamental human rights. He also sought N500 million in damages.

However, delivering judgment, Justice J.K. Omotosho held that the ICPC could not be restrained from carrying out investigations within the scope of its statutory mandate.

The judge noted that the Commission is legally empowered to investigate petitions alleging corruption, particularly where public institutions and officials may be involved.

He further observed that the contractual arrangement at the centre of the dispute allegedly involved government Ministries, Departments and Agencies (MDAs), bringing the matter within the investigative jurisdiction of the Commission.

Justice Omotosho added that courts are generally reluctant to stop law enforcement agencies from conducting investigations where allegations of criminal conduct have been raised, stressing that the court would not serve as a shield for individuals seeking to evade lawful investigation.

On the plaintiff’s claim that he had been cleared by the police and the EFCC, the court held that no evidence was presented to support that assertion. Instead, the plaintiff only showed that he had been invited by the agencies.

The court therefore ruled that the ICPC acted within its statutory powers to invite Mr. Johnson in connection with the petition and could not be prevented from continuing its investigation.

Justice Omotosho also advised the plaintiff to honour the Commission’s invitation to enable it carry out its investigation.

The case followed a petition alleging that N350 million was paid to secure a contract for the benefit of certain public institutions. When the contract allegedly failed to materialise, the contractor reportedly filed a complaint with the Department of State Services (DSS), which later referred the matter to the ICPC for investigation.